Section 25D in The Jammu and Kashmir General Sales Tax Act, 1962
25D. [ Immunity from prosecution, penalty and interest in certain cases. [Section 25-D substituted by Act III of 1998, Section 7.]
- Notwithstanding anything contained in this Act, the Government may, if it is of the opinion, for reasons to be recorded in writing, that it is necessary or expedient so to do in public interest, by notification grant immunity from penalty for any offence under this Act or reduce or remit interest on arrears of tax admitted by the dealers or assessed by the concerned authorities subject to such conditions as it may like to impose for such period, not exceeding six months, as may be specified :][Provided that the Government may extend the period of payment of arrears on account of admitted or assessed tax accrued up to 31st March, 1997 without interest and penalty to a maximum period of 30 quarterly instalments from 1st April, 1999. This concession shall be available to those dealers who have been paying their admitted or assessed tax, as the case may, regularly from the accounting year 1997-98 and also to those who have defaulted in the payment of tax during the years 1997-98 and defaulted in the payment of tax during the year 1997-98 and 1998-99 but pay the entire amount of admitted or assessed tax for the years 1997-98 and 1998-99 by 31st July, 1999 :Provided further that if any dealer makes a default in payment of one single instalment on account of arrears, he shall be liable to pay the same in the next following quarter along with the instalment due for that quarter. In case of any further default the dealer shall be liable to pay the entire amount of arrears along with the interest and penalty :] [Substituted by Act XV of 1999, Section 2, w.e.f. 25-6-1999.][Provided also that the Government may, subject to such modifications and conditions as it may consider necessary, by notification in the Government Gazette, grant one time extension in the immunity scheme under the first proviso to this section to such dealers who have failed to avail the same within the stipulated time or defaulted in compliance of the terms and conditions thereto :Provided also that the Government may in the interest of the industrial development of the State condone the default committed by any dealer operating an industrial unit with regard to any condition or grant extension of time for fulfilment of such condition(s) as specified in the notifications issued in this behalf from time to time.] [Added by Act XXIII of 2002, Section 3.][Provided also that the Government may, notwithstanding any Judgment, decree or order of any court or tribunal, or anything contained in this Act, if it is of the opinion that it is expedient to do so in public interest, and subject to such conditions as it may consider necessary, by notification grant one time immunity from penalty for any offence under this Act and/or allow remission of interest on arrears of admitted or assessed tax accrued up to the accounting year 2015-16 in favour of any dealer having defaulted in the payment of tax during the said accounting years provided the entire principal amount of admitted or assessed tax for the said period is cleared by the said dealer within such period, not exceeding six months from the date of notification, as may be specified in such notification.] [Added by Act No. 12 of 2016, dated 23.7.2016.]
